SF 4373

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 12:27pm

A bill for an act
relating to commerce; prohibiting use of disposable polystyrene food service
containers; prohibiting provision of plastic beverage stirrers at state and local
government facilities and functions; proposing coding for new law in Minnesota
Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.0301] PROHIBITION ON USE OF DISPOSABLE POLYSTYRENE
FOOD SERVICE CONTAINERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The following definitions apply in sections 325E.0301 and
325E.0302:
new text end

new text begin (1) "covered establishment" means an operation licensed under chapter 28A or 157 that:
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new text begin (i) stores, prepares, packages, serves, vends, caters, delivers, or otherwise provides food
for human consumption, where consumption is on or off the premises and regardless of
whether there is a charge for the food; and
new text end

new text begin (ii) relinquishes possession of the food either directly or indirectly to a consumer;
new text end

new text begin (2) "disposable food service container" means serviceware designed for onetime use.
Disposable food service container includes serviceware for take-out foods, packaged meat,
eggs, bakery products, and leftovers from partially consumed meals prepared by a covered
establishment. Disposable food service container does not include polystyrene foam coolers
or ice chests that are used for processing or shipping seafood;
new text end

new text begin (3) "polystyrene foam" means blown polystyrene and expanded or extruded foams using
a styrene monomer; and
new text end

new text begin (4) "serviceware" means a container, bowl, plate, tray, carton, cup, lid, sleeve, stirrer,
or other item designed to be used to contain, transport, serve, or consume prepared foods.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin Beginning January 1, 2022, a covered establishment must not
process, prepare, sell, or provide food or beverages in or on a disposable food service
container that is composed in whole or in part of polystyrene foam.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin Subdivision 2 does not apply to:
new text end

new text begin (1) an emergency for the immediate preservation of public health or safety;
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new text begin (2) a disposable food service container that a consumer brings to a covered establishment;
or
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new text begin (3) retail sale of food or beverages in or on a disposable food service container composed
in whole or in part of polystyrene foam that the covered establishment purchases prepackaged
at wholesale.
new text end

Sec. 2.

new text begin [325E.0302] RESTRICTING USE OF PLASTIC BEVERAGE STIRRERS;
GOVERNMENT FACILITIES AND FUNCTIONS.
new text end

new text begin A covered establishment providing beverages at a facility or function of the state or a
political subdivision of the state must not provide beverage stirrers that are composed of
plastic. For purposes of this section, "beverage stirrer" means a device that is designed solely
to mix liquids that are intended for human consumption and contained in a single-serving
container.
new text end